Probate

Woburn Probate Attorneys

Helping You Navigate Complex Legal Issues During the Probate Process

One of the most challenging issues to face in life is dealing with the death of a loved one and managing the assets they have left behind. Sometimes, the deceased’s assets must go through the probate process, which can be overly complex depending on the circumstances.

Our law offices are passionately committed to helping clients with probate and estate planning needs. Our law firm recognizes that most individuals are unfamiliar with the probate process and need legal help from a knowledgeable attorney.

If you are dealing with probate and have legal questions or concerns, contact Simmons & Schiavo Attorneys At Law today and ask to schedule a consultation with an experienced Massachusetts probate attorney.

What is the Probate Process in Massachusetts?

It is important to remember just as every individual is unique, the probate process will vary in each case. The basic steps involved in probate include:

  • A petition is filed with the probate court.
  • A legal notice is issued to the heirs named in the will. If no will exists, then statutory heirs will be notified.
  • A petition is filed asking the court to appoint the person named in the will to be the personal representative initiating the probate process. If the deceased died without leaving a will, the court will appoint one.
  • The personal representative conducts a thorough inventory and appraisal of estate assets.
  • All estate debts are paid to creditors. If necessary, estate assets are sold to pay outstanding estate debts.
  • All applicable estate taxes are paid.
  • Assets are distributed to rightful heirs and beneficiaries.

What Estate Assets Have to Go Through Probate?

Under state law, any estate assets solely owned by the deceased or have no named beneficiaries must go through probate. Common assets that often must go through probate include:

  • Personal property, which may include family heirlooms, artwork, furniture, motor vehicles, or jewelry
  • Real estate includes that held as “tenants in common” where two or more people own a property but are not married to each other
  • Bank accounts and stock and bonds with no named beneficiary

Any assets held jointly or with a named beneficiary are not subject to probate. Examples include life insurance, assets placed in a trust, or bank accounts with a transfer-on-death (TOD) or payable-on-death (POD) provision.

One of the easiest ways to help your family avoid probate is through proper estate planning, which ensures that assets have beneficiary designations.

Who Can Be Appointed as a Personal Representative to Carry Out Probate Administration?

Massachusetts law stipulates that the person nominated in the deceased’s will is prioritized as the personal representative (formerly known as the executor). If the deceased did not leave a will, the surviving spouse is generally allowed to be appointed as the personal representative.

If the executor cannot or is unwilling to serve as the personal representative, the court can appoint another to assume the responsibility. Other individuals who may be able to serve as a personal representative include an adult child, parent, sibling, or a public administrator appointed by the court.

Some other qualifications for being named the estate’s personal representative include being at least 18 years old and of sound mind.

Why Should I Choose Your Law Firm to Help With Probate Administration?

Simmons & Schiavo Attorneys At Law has extensive experience helping clients with probate administration. When you seek help, we will thoroughly evaluate your legal needs and provide professional legal guidance. No matter how complex your legal issues may be, our probate attorneys have the skill and experience to resolve them quickly.

Our law firm is dedicated to cultivating strong attorney-client relationships built on trust. We can assist you with all aspects of probate, including trust administration.

Contact our Woburn law offices by calling 781-675-1315 to schedule an appointment with an experienced Massachusetts probate attorney. Our attorney will gladly answer your questions and determine what legal options best suit your needs.